means have considered him in the light of a spy, or even of a prisoner. In justice to him, I think it my duty to declare, that he came from on board the Vulture at my particular request, by a flag sent on purpose for him by Joshua Smith, Esq. who had permission to go to Dobbs's ferry to carry letters, and for other purposes not mentioned, and to return. This was done as a blind to the spy boats; Mr. Smith at the same time had my private directions to go on board the Vulture, and bring on shore Col. Robinson, or Mr. John Anderson, which was the name I had requested Major Andre to assume; At the same time I desired Mr. Smith to inform him, that he should have my protection, and a safe passport to return in the same boat, as soon as our business was compleated. As several accidents intervened to prevent his being sent on board, I gave him my passport to return by land. Major Andre came on shore in his uniform (without disguise) which with much reluctance, at my particular and pressing instance, he exchanged for another coat. I furnished him with a horse and saddle, and pointed out the route by which he was to return. And as commanding officer in the department, I had an undoubted right to transact all these matters; which, if wrong, Major Andre ought by no means to suffer for them.

But if, after this just and candid representation of Major Andre's case, the Board of General Officers adhere to their former opinion, I shall suppose it dictated by passion and resentment; and if that Gentleman should suffer the severity of their sentence, I shall think myself bound by every tie of duty and honour, to retaliate on such unhappy persons of your army, as may fall within my power, that the respect due to flags, and to the law of nations, may be better understood and observed.

I have further to observe, that forty of the principal inhabitants of South Carolina have justly forfeited their lives, which have hitherto been spared by the clemency of His Excellency Sir Henry Clinton, who cannot in justice extend his mercy to them any longer, if Major Andre suffers; which in all probability will open a scene of blood at which humanity will revolt.

Suffer me to intreat your Excellency, for your own and the honour of humanity, and the love you have of justice, that you suffer not an unjust sentence to touch the life of Major Andre.

But if this warning should be disregarded, and he suffer, I call heaven and earth to witness, that your Excellency will be justly answerable for the torrent of blood that may be spilt in consequence.

I have the honour to be, with due respect, your Excellency's Most obedient and very humble servant, B. ARNOLD.

His Excellency General Washington.

Tappan, Oct. 1, 1780.

SIR,

Bouy'd above the terror of death, by the consciousness of a life devoted to honourable pursuits, and stained with no action that can give me remorse, I trust that the request I make to your Excellency at this serious period, and which is to soften my last moments, will not be rejected.

Sympathy towards a soldier will surely induce your Excellency and a military tribunal to adopt the mode of my death to the feelings of a man of honour.

Let me hope, Sir, that if ought in my character impresses you with esteem towards me, if ought in my misfortunes marks me as the victim of policy and not of resentment, I shall experience the operation of these feelings in your breast, by being informed that I am not to die on a gibbet.

I have the honour to be, your Excellency's Most obedient and most humble servant, JOHN ANDRE, Adj. Gen. to the British army.

The time which elapsed between the capture of Major Andre, which was on the morning of the 23d of Sept. and his execution, which did not take place till 12 o'clock on the 3d of October;—the mode of trying him;—his letter to Sir Henry Clinton, K. B. on the 29th of September, in which he said, "I receive the greatest attention from his Excellency General Washington, and from every person under whose charge I happen to be placed;"—not to mention many other acknowledgments which he made of the good treatment he received;—must evince, that the proceedings against him were not guided by passion or resentment. The practice and usage of war were against his request, and made the indulgence he solicited, circumstanced as he was, inadmissible.

Published by order of Congress,

CHARLES THOMSON, Secretary.